You’ve taken a leap of faith and hired a lawyer to represent your best interests. Unfortunately, sometimes our first choice is not the best choice. At this point, you’re simply unhappy with your current attorney, and now you don’t know what to do. Guess what? In Texas, you have the right to change attorneys at any time, for any reason.
Don’t worry, changing lawyers happens more than you think. The good news is, changing is easier than it sounds.
Reasons to change attorneys in personal injury cases
Maybe you get the feeling that something isn’t right. Or, you’re just not pleased with the level of representation. The reasons why you may want to change lawyers include:
- You never hear from the lawyer by phone or email
- The case is not moving
- There’s no trust between you and the lawyer
- The lawyer doesn’t know how to handle your case
- Your lawyer doesn’t make the legal process easy for you to understand
- You feel pressured to accept a settlement that you do not want
- The attorney was stripped of his or her law license
- Your lawyer is not a nice person
- The lawyer doesn’t listen to your thoughts, questions, or concerns about the case
When your lawyer doesn’t care about your interests, you should contact a top-notch, responsible Houston personal injury attorney at Johnson Garcia LLP. We care and we’ll be there to guide you every step of the way and help you feel whole again.
Our entire firm is dedicated to representing injured victims of personal injury accidents, and our 30+ years of combined experience allows us to create strategies to get you the maximum amount of money.
Most personal injury attorneys offer a free consultation where you meet the attorney, discuss your case and damages, and become comfortable with him or her.
Be sure to have your questions ready, so you can make the best decision in hiring your next attorney.
The process to change personal injury lawyers
Performing any task in a legal case involves a step-by-step process. Changing personal injury lawyers is no different. This starts with communicating with your current attorney. You may reach an agreement and resolve your issues, and you may not. No matter the outcome, it’s okay.
Let’s say you didn’t agree. Here’s how to proceed with firing your old attorney after a consultation with your new one.
It’s important to remember that lawyers are held to a high degree of excellence. The Texas Rules of Professional Conduct require lawyers to maintain certain standards. When they don’t, they can be penalized or even lose their license. These rules also require them to give the documents related to your case to your new attorney.
Step 1: Request your case file
Request your case file from the previous attorney. In many cases, your new attorney may handle this for you.
Step 2: File a document with the court called a "withdrawal of attorney"
Under Rule 10 of the Texas Rules of Civil Procedure, your new attorney and your old attorney will create a document that will allow the old attorney to leave the case.
This document just asks the judge to remove the old attorney and add your new attorney.
Step 3: Get approval from the judge
The judge will order or grant your request with the stroke of a pen. At this point, the old attorney is done working on your case.
How changing personal injury lawyers affects the outcome of your case
We understand that money is a primary concern when switching attorneys. Most people ask, “Will I have to pay for getting a new lawyer?”
Don’t stress. It doesn’t cost anything to switch attorneys. Once you receive a favorable settlement result and you’ve been issued a check, your attorney will be the first to get paid. He or she will take the settlement check and deduct the attorney fees and expenses from your settlement amount.
Next, your new attorney will pay any outstanding balance with your old one. Finally, you will receive what’s left of the settlement.
Your new Houston injury attorney is right before your eyes
If you’re tired of letting your personal injury case sit on your attorney’s desk, just walk away. Contact the Houston injury attorneys at Johnson Garcia LLP for support at any time, day or night, and get a free case evaluation at 832-844-6700.
We are known for providing excellent legal services for personal injury victims and we stand ready to do the same for you. Sign up with us today and pay nothing unless we win!